where the economic operator is bankrupt or is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under national laws and regulations; the contracting authority or the contracting entity may, however, decide not to exclude or be required by the Member State not to so exclude an economic operator which is in one of the above situations where it has established that the economic operator in question will be ab ...[+++]le to perform the concession, taking into account the applicable national rules and measures on the continuation of business in the case of those situations.

If one of those institutions that's trading through that clearing house for whatever reason has to fail, the clearing house is protected.

Question No. 297 Mr. Massimo Pacetti: With regard to the funding of enterprises and projects by the Canadian International Development Agency (CIDA): (a) which enterprises or which projects that received direct or indirect funding from CIDA for fiscal years 2009, 2010 and 2011 have declared bankruptcy; (b) of these enterprises, which ones have not paid their Canadian employees or subcontractors; and (c) is the department continuing to fund enterprises that have declared bankruptcy, knowing that they have not paid their employees or subcontractors following their bankruptcy?

This is important legislation and that is why we want to hear what the Senate committee, which has reported, and the House committee, which continues its work, have to say.

protect the netting agreements of clearing houses in the case of bankruptcy or insolvency of one of its members; and

Proposed section 13.1(1) would protect the netting agreements of a clearing house in the case of bankruptcy or insolvency of one of its members (proposed section 13.1(1)(a)).